Court : Chhattisgarh
Reported in : 2006(2)MPHT31(CG)
ORDERS.K. Agnihotri, J.1. Heard.2. The petitioner was appointed as Peon on the pay scale of Rs. 125-150 vide order dated 25-8-1980 (Annexure P-3) on probation for a period of two years. Vide order dated 19-2-1983 (Annexure P-4) the petitioner was confirmed on the post of Peon after completion of successful probation period. Vide order dated 15-1-1990 (Annexure P-5) the respondent No. 3 appointed the petitioner pursuant to the recommendation dated 29- 12-1989 of the District Selection Committee on the post of Assistant Teacher (Lab Assistant) at the pay scale of Rs. 975-1650 (975-25-1000-30-1210-40-1450-50-1650). There after the services of the petitioner was confirmed on the post of Assistant Teacher vide order dated 16-9-1992 (Annexure P-6) passed by the respondent No. 3. Accordingly, the petitioner started getting salary of the Assistant Teacher in the pay scale of Rs. 1200-2040.3. After a period of about four years the petitioner received the impugned notice dated 17-5-1996 (Annexur...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006CriLJ1396
Vijay Kumar Shrivastava, J.1. This appeal has been directed against the judgment of conviction and order of sentence passed by the Sessions Judge, Bilaspur, on 26-9-1991 in S. T. No. 172/1991 whereby the appellant has been convicted for committing the offence of murder punishable under Section 302 of the I.P.C. and sentenced him to undergo imprisonment for life.2. Admittedly, Chandrika Bai a widow, whose husband died 3-4 years ago is the mother of the appellant. Appellant, his mother - Chandrika Bai, appellant's younger brother and his younger sister were living under a joint roof at village Lalkhadan. Deceased Bhagela was maternal brother of Milapa Bai. Bhagela was living with Milapa Bai and was working in a Spinning Mill along with Mipala Bai. In the intervening night of 19-20/11/1990 deceased Bhagela was sleeping in appellant's house. Milapa Bai in the early morning came to appellant's house to wake up Bhagela. When she entered the room she saw Bhagela lying dead in injured conditio...
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2006Chh52; 2006(3)MPHT42(CG)
S.R. Nayak, C.J.1. In these writ petitions the constitutional validity of Section 401 of Chhattisgarh Municipal Corporation Act, 1956 (for short 'the Act') has been questioned so far it takes away the right of an aggrieved person of approaching the Court of law by filing Civil Suit of appropriate nature to obtain immediate and urgent relief without serving the statutory notice as required under Sub-section (1) of that Section.2. The facts of the case leading to filing of these writ petitions be noted in the first instance and they, in brief, are as follows:In Writ Petition No. 1797 of 2005 the petitioners are the owners of a roof of a building situate at M. G. Road, Raipur having acquired the same under a sale deed dated 24-5-2000. After purchasing the said property, the petitioners have raised further construction over the said roof. When the matter stood thus, they were served with a notice dated 6-9-2003 alleging that the construction of the first floor made by them is not legal and...
Tag this Judgment!Court : Chhattisgarh
Reported in : II(2006)ACC460; 2007ACJ643
S.R. Nayak, C.J.1. Should we say that as we read the impugned award it reflects total ignorance of the settled principles of law governing computation of compensation on the part of the learned Presiding Officer of the Tribunal? He does not seem to have been aware of the norms and principles governing the process of computing just and reasonable compensation in a death case. We are constrained to use this strong language. The M.A.C.T. having taken daily income of the deceased as Rs. 85, ought to have applied multiplier method for computing loss of dependency. If daily income of deceased was Rs. 85, which we round off to Rs. 90 and if we deduct one-third from that income for personal expenses, the actual loss of dependency per day would be Rs. 60. As per the post-mortem report, the age of the deceased was 60 years and, therefore, the appropriate multiplier to be applied is 8. Thus, total loss of dependency would come to Rs. 1,72,800 (Rs. 60 x 30 x 12x8). To this we add sum of Rs. 20,000...
Tag this Judgment!Court : Chhattisgarh
Reported in : II(2006)ACC166
S.R. Nayak, C.J.1. The dependents of the deceased have filed this appeal for more compensation. The contention of learned Counsel for the appellants is that the f age of the deceased as per post-mortem report was 40 years and, therefore, the M.A.C.T. ought to have applied multiplier 16 instead of multiplier 15 for the purpose of assessing the loss of dependency. It was also contended by learned Counsel for the appellants that the compensation awarded under the conventional heads, such as, loss of consortium, loss of dependency and funeral expenses is on lower side. It was also contended that the M.A.C.T. is not justified in not awarding 9 any compensation towards loss of love and affection, particularly because, the deceased has left behind him a minor female child. We find considerable force in the contentions of the learned Counsel for the appellants.2. Amongst the pieces of evidence that were produced before the M.A.C.T. with regard to the age of the deceased, the only acceptable pi...
Tag this Judgment!Court : Chhattisgarh
Reported in : II(2006)ACC347
S.R. Nayak, C.J.1. This is an appeal preferred by the dependants of the deceased seeking more compensation. The appellants are widow, minor child and parents of the deceased. The only contention raised by Mr. Verma, learned Counsel for the appellants in the course of argument is that what is awarded towards conventional heads as compensation is very much on lower side.2. We have perused the impugned award. The M.A.C.T. has awarded sum of Rs. 5,000 towards loss of consortium and loss of love and affection and Rs. 3,000 towards funeral expenses. It has not awarded any compensation towards loss of estate. As we repeatedly said and reiterated in our orders recently handed down that even the compensation to be awarded by the M.A.C.T. under conventional heads should reflect time and place and it cannot be static for all the time. Therefore, we award Rs. 20,000 towards loss of consortium to the widow, Rs. 20,000 towards loss of love and affection to minor child and another Rs. 20,000 towards ...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2(2006)DMC245
ORDERSunil Kumar Sinha, J.1. This revision has been directed against the impugned order dated 20.9.2004 passed in Criminal Revision No. 188/2004 by the Addl. Sessions Judge, Janjgir Champa (C.G) arising out of the order dated 12.12.2004 passed in M.J.C. (Criminal) No. 59/2003 by the Judicial Magistrate, First Class, Janjgir.2. The admitted facts of the case are that the non-applicant herein namely Chetram is the son of the applicant and is working in Amlai Collieriery, Distt. Shahdol (M.P). The applicant (mother) is residing in village Kharod, P.S. Shivri Narayan, Distt. Janjgir Champa. She filed an application before the J.M.F.C., Janjgir, for grant of maintenance against the son under Section 125 of Cr. P.C. along with an application for interim maintenance. This matter came up for hearing before the Magistrate on 12.2.2004. On the said date, the Magistrate decided the application for interim maintenance and ultimately directed the non-applicant to pay a sum of Rs. 1,000 p.m. as the ...
Tag this Judgment!Court : Chhattisgarh
Reported in : II(2006)ACC607; 2007ACJ332
S.R. Nayak, C.J.1. In this appeal preferred by the dependants of the deceased seeking more compensation, learned counsel for the appellant would contend that Motor Accidents Claims Tribunal (in short, 'the Tribunal') has committed an apparent illegality in applying multiplier 13 instead of applying correct multiplier 15, because the deceased as on the date of accident was aged 45 years. It was also contended that the Tribunal was not justified in not awarding compensation under the conventional heads 'loss to estate' and 'loss of love and affection' to the minor children. It was further contended that what is awarded to the widow towards 'loss of consortium' is also very much on lower side.2. Having heard learned counsel for the parties, we are of the considered opinion that the Tribunal has committed an apparent illegality in applying multiplier 13. If the age of the deceased as on the date of the accident was 45 years, the appropriate multiplier is 15 not 13. Tribunal was also not ju...
Tag this Judgment!Court : Chhattisgarh
Reported in : II(2006)ACC596; 2007ACJ475
S.R. Nayak, C.J.1. The dependants of the deceased have filed this appeal for more compensation.2. Mr. Verma, learned counsel for the appellants would contend that even taking the age of the deceased on the date of the accident as 45 years, as has been done by the Motor Accidents Claims Tribunal (in short, 'the Tribunal'), the Tribunal ought to have applied multiplier 15 and not multiplier 11 for assessing loss of dependency. The contention is well founded. If the age of the deceased was 45 years as on the date of accident, as per Second Schedule, the Tribunal ought to have applied multiplier 15. It was also contended by Mr. Verma that Tribunal is not justified in not awarding any compensation towards 'loss of love and affection' for the minor children. Further, it was contended by learned counsel that what is awarded under the head 'loss of consortium' and 'loss to estate' are on lower side. Here again, we find some force in the contention. Even the compensation to be awarded by the Tr...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006ACJ1482
S.R. Nayak, C.J.1. In a death case, in a claim application filed by the parents and unmarried sister of the deceased, the Tribunal has awarded a sum of Rs. 1,92,000 under the head of loss of dependency and Rs. 2,000 towards funeral expenses. Thus, a total sum of Rs. 1,94,000 with interest at the rate of 9 per cent has been awarded to claimants. The claimants not being satisfied with the quantum of compensation awarded by the M.A.C.T. have preferred this appeal.2. We have heard learned Counsel for the parties. It was contended by learned Counsel for the appellants-claimants that the M.A.C.T. ought not to have deducted 2/3rd income of the deceased towards his personal expenses. It was also contended that the deceased was doing milk vending business and he had owned 8-10 buffaloes and he was earning average income of Rs. 200 per day and Rs. 6,000 per month. It was also contended that M.A.C.T. is not justified in not awarding any compensation under the heads of loss to estate and loss of f...
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